Bixler & Correll v. Lesh
Superior Court of Pennsylvania
Appeal, No. 22, Jan. T., 1898, by defendant, from judgment of C. P. Lackawanna Co., Jan. T., 1895, No. 221, on verdict for plaintiffs. Assumpsit to recover amount due on book accounts. Before Guhster, J. It appears from the record and evidence that judgment had been entered on a judgment note given as collateral security for certain goods and merchandise sold bj^ plaintiffs to defendant.
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Appeal, No. 22, Jan. T., 1898, by defendant, from judgment of C. P. Lackawanna Co., Jan. T., 1895, No. 221, on verdict for plaintiffs. Assumpsit to recover amount due on book accounts. Before Guhster, J. It appears from the record and evidence that judgment had been entered on a judgment note given as collateral security for certain goods and merchandise sold bj^ plaintiffs to defendant. Subsequent to the sale the defendant gave to the plaintiffs, certain promissory notes; it being alleged that these notes were given in payment of the book account and also of the judgment note which it was…
1Opinion of the Court
Opinion by
Rice, P. J.,
The defendant gave the plaintiffs a judgment note as collateral security for goods he was about to purchase. The goods were delivered, and subsequently he gave three bank notes for *461the amount of the account and the discount. Later he applied for a rule to show cause why the judgment should not be opened. After hearing upon depositions, the court discharged the rule, but awarded an issue to determine the amount due for or on account of goods sold and delivered. No dispute arose on the trial of the issue as to the amount of the account or as to the actual payments, the…
2Cases cited7 opinions
- Maynes v. AtwaterSupreme Court of Pennsylvania · 1879
- Forrest v. Nelson Bros.Supreme Court of Pennsylvania · 1885
- Walker v. TupperSupreme Court of Pennsylvania · 1892
- Speers v. KnarrSuperior Court of Pennsylvania · 1897
- Appeal of KemmererSupreme Court of Pennsylvania · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hummelstown Brownstone Co. v. KnerrSuperior Court of Pennsylvania · 1904
- Kile v. KilnerSuperior Court of Pennsylvania · 1908